Terms and Conditions of use & Privacy Policy agreement.

The service you are about to use is an Advanced Intuitive Calculator and Individual Client Account Monitoring solution. The calculator provides illustrative calculations based on stated assumptions only and is provided in good faith. It has been based on the current laws and their interpretations as at the 1st July 2015 and subsequent compliance up-dates that have been issued that may impact on the portals ability to conduct its calculations. The information resulting from these calculations should NOT be relied upon as a true representation of any actual future entitlement or benefits from any particular scheme or solely relied on as a basis upon which to alter your insurance, investments or superannuation contribution or financial arrangements without advice from a professional licenced Adviser.

IMPORTANT: The calculations, information and system notifications should not be considered a substitute for professional advice from a qualified financial adviser.

These calculators are intended to provide illustrative examples based on stated assumptions and your inputs. Calculations are meant as estimates only and are not intended to be kept or used for any practical purpose without the direct input from a qualified and experienced Financial Adviser. They are based on information from sources believed to be reliable and accurate and are not intended to be used as a substitute for professional financial advice. The calculators are not intended to be relied on for the purposes of making a decision in relation to a financial product, including a decision in relation to a particular product, fund, or strategy unless you have received a written Statement of Advice by a qualified and experienced Financial Adviser. Consumers should consider obtaining advice from a suitably qualified adviser before making any financial decision. Actual outcomes will depend on a range of factors outside the control of the developer of hero and its design brief. Trynkett Technologies (the developer of hero) expressly disclaims all liability and responsibility to any person who relies, or partially relies, upon anything done or omitted to be done by this calculator. AspectFP Holdings Pty Ltd by way off association accepts no liability whatsoever for the performance, outcomes or offerings made by the Hero Portal or any of its calculators.

Assumptions and limitations for the Retirement Income Calculator

The results of this calculator are based on various underlying assumptions and limitations. The basic assumptions are determined by the pre-selected forecast module which is displayed on the assumptions page. In addition to this the calculator also considers stored cost of living expenses, CPI rates, income, contributions, type of contributions, desired retirement date, desired retirement amount, income longevity, difference at retirement, date of birth, difference of amount in income years. Contribution calculator; this superannuation calculator can show you the difference between making salary sacrifice and personal after tax contributions. It looks at the impact on the Federal Government's co-contribution and on your take home pay. Calculations are meant to be estimates only and are not intended to be kept or used for any practical purpose. The results produced by the calculator and the service are based on a number of variables underlying assumptions including daily reported unit price of your fund. You can change any of the value of important assumptions by using the 'What if' section of the calculator or service. We recommend using a Qualified Financial Adviser in relation to this calculator.

Budget calculator: Designed to help you calculate how much income is needed to cover living expenses and may not be a true representation of your actual position.

Savings calculator: Designed to help you calculate how your savings will grow over time and may not be a true representation of your actual position.

Insurance calculator: If you are looking at your insurance arrangements, this calculator will help you to calculate the impact of the insurance options you hold if you were to make a claim and may not be a true representation of your actual position.

Insurance needs calculator: Helps you work out how much Death, TPD and Income Protection cover you could need. The methodology to calculate the Preferred Level of Cover is based on a multiple of income with the Preferred Level of Cover being the level of cover that provides beyond working life expectations, and may not be a true representation of your actual position.

Notification: The system is designed to auto report fund or account movements direct to the user providing the user has selected to receive the notifications. No guarantee is made or implied that the notification delivery was successful or not and as such, users are recommended to login to the system to confirm their account status or planning desires.

Data: The system is populated with End of Day data as reported direct from the fund provider or ASX.

Under no circumstances will we be liable for any loss or damage caused by a user's reliance on information obtained using either the calculator or the service. Your personal information contained within the service has NOT been individually audited by us and as such we cannot and will not confirm the accuracy of your stored personal information. The calculations and service is prepared without taking into account your audited particular financial needs, circumstances and objectives and is therefore not suitable to be acted upon as investment or financial advice. You should assess your own financial affairs and consult a Qualified Financial Adviser before you make changes to your financial affairs.

BACKGROUND:

• AspectFP Holdings Pty Ltd owns the Intellectual Property comprising the Confidential Information relating to the subject described in Item 2 and other matters.
• The Recipient by access to the Hero Portal has requested AspectFP Holdings Pty Ltd to disclose to it the Confidential Information for the Approved Purpose of use of the hero platform.
• The Recipient acknowledges that it may at the sole discretion of AspectFP Holdings Pty Ltd be given access to certain Confidential Information (as defined) for the Approved Purpose and any such disclosure is subject to the terms of this deed.
• The Recipient enters into this Agreement in consideration of AspectFP Holdings Pty Ltd disclosing any Confidential Information.

THIS DEED WITNESSES AND THE PARTIES AGREE:

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In this deed (including the Recitals, the Schedules and the Annexure) unless the context otherwise requires:

“Annexure” means an annexure to this deed;

“Approved Purpose” means the sole purpose for which AspectFP Holdings Pty Ltd discloses the Confidential Information to the Recipient as set out in Item 3 of the Schedule hereto;

“Authorised Officer” means:

(a) In relation to a corporation, a person for the time being holding or acting in the office of the director, chief executive officer or secretary of that body corporate, or a person the title whose office at the body corporate includes the word “Manager” or the word “Director” or the like; and

(b) In relation to AspectFP Holdings Pty Ltd, any person authorised by AspectFP Holdings Pty Ltd from time to time act on behalf of AspectFP Holdings Pty Ltd;

“AspectFP Holdings Pty Ltd” means AspectFP Holdings Pty Ltd (ACN 167 016 720) and its related bodies corporate as that term is defined in the Corporations Act 2001;

“Confidential Information” means:

(a) All Information submitted or disclosed to the Recipient by AspectFP Holdings Pty Ltd; and

(b) All Information learned or accessed by the Recipient; at any time in connection with the Approved Purpose (including during negotiations, discussions and meetings) and includes without limitation:

(c) Information which at the time of disclosure by AspectFP Holdings Pty Ltd is identified as being confidential;

(d) Information which, of implied necessity, is confidential;

(e) Information which the Recipient knows or ought reasonably be expected to know is confidential;

(f) Any agreement, arrangement or understanding relating to the Approved Purpose;

(g) Information developed by the Recipient independently of the disclosure, communication or access from AspectFP Holdings Pty Ltd; or

(h) Information disclosed or communicated or accessed by the Recipient from a third party under no obligation of confidence to AspectFP Holdings Pty Ltd in respect of that Information;

but does not include Non-Confidential Information;

“Confidentiality Undertaking” means the undertaking in the form of Annexure “A”;

“Information” means any business, marketing, technical, financial and scientific information, designs, drawings, and other communicable valuable information in whatever form disclosed by AspectFP Holdings Pty Ltd or any of its related bodies corporate, employees, agents or financial or legal advisers to the Recipient before, on or after the date of this Agreement, directly or indirectly, including, but not limited to, its clients (past, present, future or prospective), business plan, business concepts, processes and methodologies, contacts, contracts, wholesalers, operations, markets, project schedules, manpower planning, product specifications and descriptions, budgets, finances or plans, designs and licences and or registrations of computer hardware and software, research, development, distribution and marketing of programs for software, websites, website development, software tools, codes, formulas and methodologies, business relationships, structure, partnerships or business joint ventures, memberships, know-how of any type, trade secrets, intellectual property of any type, suppliers, inventions, product information, information about AspectFP Holdings Pty Ltd’s business, marketing and/or promotion, and any information which the Recipient collects and/or develops for AspectFP Holdings Pty Ltd, the terms of this Agreement and any other agreement between the parties, and

Such information may be:

(a) Oral, written, recorded or stored by electronic, magnetic, electromagnetic, or in other form, process, media or otherwise in a machine readable form;

(b) Translated from the original form, re-compiled, made into a compilation, partially copied, modified, updated or otherwise altered; or

(c) Disclosed to the Recipient in some other form of disclosure.

“Item” means an item of the Schedule;

“Recipient’s Personnel” means any person being an agent, adviser, sub-contractor, employee or other representative of the Recipient who has access to Confidential Information;

“Non-Confidential Information” means Information which:

(a) At the time of disclosure by AspectFP Holdings Pty Ltd to the Recipient or at any time thereafter is identified in writing by AspectFP Holdings Pty Ltd as such;

(b) Is in the public domain otherwise than as a result of a breach of the terms of this deed or any other obligations of confidentiality owed by the Recipient;

(c) Prior to disclosure by AspectFP Holdings Pty Ltd was lawfully known to the Recipient and in respect of which the Recipient to whom the Information was disclosed is not bound by any other obligations of confidentiality; or

(d) Is found by final and binding court judgment to either not constitute Confidential Information or not otherwise be subject to any obligations under this deed;

“party” means a party to this deed;

“Schedule” means a schedule to this deed;

1.2 Interpretation

In this deed (including the Recitals, the Schedule and the Annexure) unless the context otherwise requires:

(a) If any party to this deed comprises two or more persons then the obligations of those persons are joint and several;

(b) A provision of this deed (including any deed, representation or warranty) which is in favour of two or more persons is for the benefit of them jointly and severally;

(c) A reference to any person includes that person’s legal personal representatives and if any person is a corporation a reference to that person includes its successors and assigns. The word “person” also includes a firm, a body corporate, an unincorporated association, an authority or body politic;

(d) Words denoting the singular number include the plural number and vice versa and words importing one gender include the other genders;

(e) References to writing include any mode of representing or reproducing words in tangible and permanently visible form;

(f) References to this deed include its recitals and any Schedule or Annexure;

(g) Unless otherwise provided in this deed references to clauses are to clauses in this deed;

(h) Unless otherwise provided in this deed a party which acts as a trustee of a trust or trusts executes this deed both in its own right and as trustee of that trust or trusts and in so doing is not acting in breach of trust.

2. CONFIDENTIAL INFORMATION

2.1 The Recipient undertakes to keep secret and protect and preserve the confidential nature and secrecy of the Confidential Information. Without limiting this obligation, the Recipient must not:

(a) Use or permit any person to use the Confidential Information for any purpose other than for the Approved Purpose;

(b) Disclose or in any way communicate to any other person any of the Confidential Information except as authorised by AspectFP Holdings Pty Ltd;

(c) Permit unauthorised persons to have access to places where the Confidential Information is displayed, reproduced or stored; or

(d) Make or assist any person to make any unauthorised use of the Confidential Information.

2.2 The Recipient must:

(a) Take reasonable steps to enforce the confidentiality obligations imposed by clause 2.1 including diligently prosecuting, at its own cost, any breach or threatened breach of those obligations by a person to whom the Recipient has disclosed the Confidential Information; and

(b) Co-operate and provide AspectFP Holdings Pty Ltd with all reasonable assistance, in any action which it may take to protect the confidentiality of the Confidential Information.

2.3 If the Recipient is uncertain as to whether any information is Confidential Information, the Recipient will treat the information as if it were Confidential Information and as not being in the public domain unless and until AspectFP Holdings Pty Ltd agrees in writing that the information is in the public domain.

2.4 The Recipient will not make reproductions of Confidential Information in any form or media and create information in any form or media which is derived or produced by the Recipient using Confidential Information in whole or in part, other than to the extent necessary for the Approved Purpose.

2.5 The Recipient may disclose (but only to the extent and in the way so required) any Confidential Information that the Recipient is required to disclose by law or by an order of any court or tribunal of competent jurisdiction.

2.6 The Recipient must immediately inform AspectFP Holdings Pty Ltd when it becomes subject to a disclosure requirement contemplated by clause 2.5 and consult with AspectFP Holdings Pty Ltd as to the form and content of any disclosure so required.

2.7 The Recipient will cooperate with AspectFP Holdings Pty Ltd in every reasonable way to assist it in regaining possession of the Confidential Information and preventing its further unauthorised use or disclosure.

3. RECIPIENT’S PERSONNEL

3.1 Subject to clause 3.2, the Recipient may disclose Confidential Information to the Recipient’s Personnel on a need to know basis, solely to assist the Recipient in complying with or carrying out the Approved Purpose and on the condition that the Recipient’s Personnel do not disclose the Confidential Information to any other person.

3.2 The Recipient must ensure that:

(a) The Recipient’s Personnel who have access to the Confidential Information are made fully aware of the confidential nature of all Confidential Information; and

(b) If required by AspectFP Holdings Pty Ltd, each of the Recipient’s Personnel must sign the Confidentiality Undertaking contained at the end of this deed.

3.3 The Recipient must ensure that none of the Recipient’s Personnel do or omit anything which, if done or omitted to be done by the Recipient, would constitute a breach of its obligations under this deed.

4. RETURN OF CONFIDENTIAL INFORMATION

4.1 Return of Confidential Information

Upon the earlier to occur of:

(a) A notice by AspectFP Holdings Pty Ltd; and

(b) The time when the Confidential Information is no longer required by the Recipient for the Approved Purpose,

The Recipient must deliver to AspectFP Holdings Pty Ltd (or with AspectFP Holdings Pty Ltd’s prior written consent, destroy or erase) all forms of Confidential Information in the possession, power or control of the Recipient or any of the Recipient’s Personnel whether or not those forms were created by AspectFP Holdings Pty Ltd, but such delivery does not release the Recipient from its obligations under this deed.

5. PROPERTY

5.1 This deed does not transfer any interest in any intellectual property. The Recipient acknowledges that the Confidential Information constitutes valuable and proprietary information of AspectFP Holdings Pty Ltd and all intellectual property rights in that information (including copyright, design and patent rights) are the exclusive property of and will remain the exclusive property of AspectFP Holdings Pty Ltd.

5.2 All Confidential Information and materials containing Confidential Information and all intellectual property relating to the subject matter and otherwise contained in the Confidential Information remain the sole and exclusive property of AspectFP Holdings Pty Ltd. By disclosing information to the Recipient, AspectFP Holdings Pty Ltd does not grant any express or implied right to the Recipient arising from any patents, copyright, trade marks, or trade secret information of AspectFP Holdings Pty Ltd or any of its affiliates.

5.3 The Recipient acknowledges that the Confidential Information constitutes valuable and proprietary information of AspectFP Holdings Pty Ltd and all intellectual property rights in that information are the exclusive property of and will always remain the exclusive property of AspectFP Holdings Pty Ltd.

6. DISCLAIMER

6.1 Recipient’s Acknowledgement

The Recipient acknowledges and agrees that:

(a) Neither AspectFP Holdings Pty Ltd nor any employee or other representative of AspectFP Holdings Pty Ltd has made or makes any representation or warranty, express or implied, as to the accuracy or completeness of its Confidential Information; and

(b) It must make its own assessment of all Confidential Information disclosed to it and satisfy itself as to the accuracy and completeness of the Confidential Information.

6.2 To the extent permitted by law, the Recipient releases AspectFP Holdings Pty Ltd from all liability for any loss or damage (whether foreseeable or not) suffered by any person acting on any Confidential Information whether the loss or damage arises in connection with any negligence, default, lack of care, misrepresentation or any other cause.

7. BREACH AND INDEMNITY

7.1 Recipient to Notify AspectFP Holdings Pty Ltd

The Recipient must immediately notify AspectFP Holdings Pty Ltd of all information which comes to its attention regarding any actual or potential disclosure or use of Confidential Information other than in accordance with this deed.

7.2 Indemnity

The Recipient indemnifies AspectFP Holdings Pty Ltd against any cost, liability, damage or loss incurred or suffered by AspectFP Holdings Pty Ltd arising directly or indirectly from or in connection with:

(a) Any breach by of this deed the Recipient; or

(b) Any act or omission of the Recipient’s Personnel which, if done or omitted to be done by the Recipient, would constitute a breach of this deed.

7.3 Injunctive Relief

The Recipient acknowledges that damages may not be an adequate remedy for AspectFP Holdings Pty Ltd for any breach of this deed by the Recipient and that AspectFP Holdings Pty Ltd is entitled to seek specific performance or injunctive relief as a remedy for any such breach or threatened breach, in addition to any other remedies available at law or in equity under this deed or independently of this deed. The Recipient will immediately reimburse Aspect FP Holdings Pty Ltd for all costs and expenses (including legal costs and disbursements on a full indemnity basis) incurred in enforcing the obligations of the Recipient under this deed.

7.4 The Recipient indemnifies AspectFP Holdings Pty Ltd against all costs, expenses, actions or claims directly or indirectly incurred or suffered by AspectFP Holdings Pty Ltd as a result of any breach of this deed by the Recipient. This indemnity extends to and includes all costs, damages and expenses incurred by AspectFP Holdings Pty Ltd in defending and/or settling any such costs, expenses, actions, suits proceedings, claims or demands (including legal costs and disbursements on a full indemnity basis).

8. TERM

This deed becomes effective on the earlier to occur of:

(a) The date upon which Confidential Information is first provided to, learned or accessed by the Recipient; and

(b) The date of this deed;

and continues in force until the later to occur of:

(c) Agreement in writing by both parties; and

(d) All the Confidential Information is generally available in the public domain.

9. MISCELLANEOUS

9.1 Variation and Waiver

A provision of or a right created by this deed cannot be waived except in writing signed by the party granting the waiver. No variation to or amendment of this deed can be made without the consent in writing of all of the parties.

9.2 Approvals and Consents

Where any provision of this deed provides for a party to provide its consent or approval then such party may conditionally or unconditionally in its absolute discretion give or withhold such consent or approval unless this deed expressly provides otherwise.

9.3 Governing Law and Jurisdiction

This deed is governed by and construed in all respects in accordance with the laws of the State of Victoria, Australia and the parties hereby submit to the non-exclusive jurisdiction of the courts of the said State of Victoria and any courts empowered to hear appeals there from in respect of any proceedings in connection with this deed.

9.4 Costs

The parties agree to bear their own costs (including legal costs) in respect of this deed.

9.5 Counterparts

This deed can be executed in a number of counterparts and the counterparts taken together will be deemed to constitute the one and the same document.

10. NOTICES

10.1 Any notice, demand, consent, approval or other communication (“a Communication”) in connection with this deed by a party may (without limitation to any other valid form of execution) be signed by an Authorised Officer of that party (if a corporation), or by any solicitor acting for that party, whose signature may be handwritten or printed or otherwise reproduced by mechanical means.

10.2 In addition to any method of service provided for by statute, a Communication in connection with this deed to be sent to or made upon a party is taken to have been given to or made on the party to whom it is addressed if:

(a) Sent by facsimile to the facsimile number of the address which in the case of each party is as set out in Item 4;

(b) Left for the addressee, or sent by mail (and by airmail if to an address outside Australia) to the addressee at:

(i) Any address of that person set out in this deed; or

(ii) The registered office of any corporate addressee.

10.3 Service under clause 10.2 will be valid even though the addressee may have been wound up or in liquidation (if a corporation) or the addressee is absent from the place at or to which the Communication is left, delivered or sent, or where the Communication is sent by post or otherwise, it is returned unclaimed.

10.4 A Communication in connection with this deed will be deemed to have been received by the person:

(a) If left or delivered personally, on the same day;

(b) If sent by post to an address in Australia, on the second business day after the date of posting;

(c) If sent by post to an address outside Australia, on the fourth business day after the date of posting;

(d) In the case of a facsimile, on receipt of the facsimile in legible form.

10.5 Unless the parties otherwise agree in writing a Communication in connection with this deed may not be sent by electronic mail (“email”).

11. Refusal of access.

Hero360, Trynkett Solutions,